WAIVER & RELEASE FORM Because physical exercise can be strenuous and subject to risk of injury, including serious injury, FORTIUS urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any FORTIUS amenity on the premises or off premises including any sponsored FORTIUS event, you do so entirely at your own risk. Likewise, dietary modifications can cause a variety of changes and can create problems, including as it relates to your energy, stamina, appetite, and mood. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. FORTIUS is also not responsible for any loss of your personal property. This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; (b) the sudden and unforeseen malfunctioning of any equipment; (c) our instruction, training, supervision, or dietary recommendations; or (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas. This also includes any negligence associated with the presence of or transmission of any bacteria, viruses, (including but not limited to COVID-19) or infectious diseases. By signing below, you acknowledge that you have carefully read this waiver and release; and fully understand that it is a release of liability. You expressly agree to release and discharge FORTIUS, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against FORTIUS for negligence, personal injury or property damage. You also agree that this waiver and release also applies to any guests or other participants you bring to FORTIUS; should any such persons bring negligence, personal injury, or property damage claims against FORTIUS, you agree to defend and indemnify FORTIUS and hold FORTIUS harmless against any such claims. You further agree that if a court of law finds any part of this agreement to be against public policy or in violation of any state statute or legal precedent, then the remainder of this document will remain in full force. Additionally, you understand that FORTIUS occasionally photographs/videotapes client events/sessions and by signing below you provide your express written approval for FORTIUS to use these images or video in any and all media for promotional purposes, with no financial or other remuneration due to you.
